Other conditions decisions — 2004

The Board has reopened the veteran's claim for service connection for cellulitis and found that new evidence supports this. However, there is no current disability of edema, erythema, or ulcer of the left groin related to his military service.

The Board has determined that the veteran's pre-existing bilateral foot disabilities were aggravated during active service, warranting service connection.

The Board has remanded the case for further development due to procedural deficiencies and the need for additional medical examination.

The Board denied the veteran's claim for service connection for esophageal cancer, finding no evidence linking his current condition to his military service or exposure to herbicides.

The Board has remanded the case for additional development due to incomplete records and insufficient information regarding stressors.

The Board denied the veteran's claims for service connection for hypercholesterolemia, iritis, and inguinal adenopathy. The decision also addressed increased rating claims for low back disorder, right wrist disorder, and polyarthralgia with positive rheumatoid arthritis test, but did not reach a final determination on these issues as the case was remanded.

The Board denied the veteran's claim for service connection for a blood disorder, including anemia, finding that there is no current evidence of disability due to pernicious anemia and that it was not caused by exposure to ionizing radiation.

The Board has granted a 100 percent evaluation for the veteran's megakaryocytic hyperplasia with myelofibrosis (MHWM), effective from the date of the decision. The TDIU issue is resolved as the MHWM now meets the criteria for a 100 percent schedular rating, which resolves the issue raised on appeal.

The veteran's claims for a higher rating and earlier effective dates for his service-connected schizoaffective disorder have been granted, with the TDIU also receiving an earlier effective date.

The Board has determined that new and material evidence has been submitted to reopen the claims of service connection for a bilateral eye disorder (hyperopia and presbyopia) and defective hearing of the right ear. However, service connection is denied as refractive error is not considered a disability under VA compensation laws.,Based on the findings at entry and separation from service, there is no evidence to support that the veteran's current bilateral eye disorder or defective hearing are related to military service.

The veteran's claim for an increased rating for his service-connected systemic lupus erythematosus with overlapping polymyositis is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The veteran's claims for service connection and increased evaluation of his lumbar spine disability are being remanded to allow for additional development.

The Board denied an evaluation in excess of 30 percent for the veteran's dysthymic disorder, finding that the disability produced only definite impairment of social and industrial adaptability.

The Board denied the veteran's request for a waiver of recovery of an overpayment of Chapter 30 educational assistance benefits, finding no fraud or bad faith on her part but concluding that repayment would not be against the principles of equity and good conscience.

The Board found no evidence of a service-connected organic disorder resulting in syncopal episodes, and denied the veteran's claim for service connection.

The Board has determined that the veteran is entitled to a compensable disability rating of 10 percent for actinic keratosis prior to March 20, 2000 and a 10 percent disability rating from March 20, 2000 forward.

The Board has denied the veteran's claim for service connection for a herniated disc at L4-5, secondary to his service-connected residuals of shell fragment wound to the left thigh. The issue of an increased disability rating for the residuals of shell fragment wound to the left thigh is remanded.

The veteran currently suffers from moderate stricture of the esophagus, and his service-connected hiatal hernia with Schatzki's ring is evaluated as 30 percent disabling. The Board found no evidence that the veteran suffered from severe stricture allowing passage of liquids only, which would warrant a higher evaluation.

The Board denied the veteran's claims for increased ratings for residuals of a fractured pelvis, finding that the evidence did not support an increase in disability rating beyond 20% since September 2002 and denied any prior to that date.

The Board found that the veteran's actions in defaulting on his mortgage did not constitute bad faith, and thus granted a waiver of recovery of the loan guaranty indebtedness.